Can a new employer delay my start date because I have to do jury service?

[chucklemummy]

I was called up for jury service in February 2012 a day before my DD2 due date. I deferred successfully and was given a new date in October - I was due to return to work in September and have my employer pay me in full for the time I was off. In the meantime I've had my fixed term contract terminated whilst on mat leave and although I've found another job, the new employer have asked that I start after my jury service - initially they were happy for me to start at the beginning of October until I mentioned the jury service. This means that I won't have paid employment for a whole month more than I've budgeted for - landing me in serious financial worries. Can the new employers do this? I realise I can't defer for a second time in a 12 month period.

Advice or advice who to ask gratefully received.

Yes they can, and it would be almost strange for them not to tbh, otherwise they have a new person starting for a week or two, then off again for a couple of weeks, then back again. It makes much more sense to start you afterwards.

Not a lot you can do about it really. Technically if both parties have signed a contract with the original start date, they might be in breach of that contract, but there would be absolutely nothing gained by pursuing that line.

Also they don't have to pay you your regular wage whilst you are on jury service - I think they can not pay you at all and you claim some kind of day rate from the court.

I think this is worth checking out as they might be prepared to give you a technically earlier start date in Order to let you claim the day rate.

It has been several years since I did it so things might have changed so please read your paperwork to see!

Agree - they have to let you have the time off, but don't have to pay you. You have to claim from the court.

Thanks all for your wisdom. Hoping I don't get a meaty case that prolongs the service!

You can actually defer again or even claim that you can't do it if it will cause you significant hardship - especially with a new baby. Contact the courts service.